The Roman Catholic Trust Corporation For The Diocese Of Cairns Summary

[2024] FWCA 4426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The Roman Catholic Trust Corporation For The Diocese Of Cairns

(AG2024/4365)

DIOCESE OF CAIRNS, CATHOLIC EDUCATION – PRINCIPALS’ AGREEMENT 2024-2028

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 DECEMBER 2024

Application for approval of the Diocese of Cairns, Catholic Education - Principals' Agreement 2024 - 2028

An application has been made for approval of an enterprise agreement known as the Diocese of Cairns, Catholic Education – Principals’ Agreement 2024-2028 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by the Roman Catholic Trust Corporation for the Diocese of Cairns. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act, as are relevant to this application for approval, have been met.

In the course of considering the application for approval of the Agreement, one error, defect or irregularity in the Agreement was identified:

in clause 13.3, the words ‘Error! Reference source not found’ must be amended to read ‘13’

Having sought further information from the Applicant in relation to the above, I am satisfied that this error falls within the meaning of ‘obvious error’ under s 218A of the Act as the error was due to a document formatting issue. The Applicant consented to the Commission exercising its discretion pursuant to s 218A of the Act to amend the Agreement to correct the error. I am satisfied that the above is an obvious error, defect or irregularity and I will amend the Agreement accordingly pursuant to s 218A of the Act.

The Independent Education Union of Australia – Queensland and Northern Territory Branch, being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 18 December 2024. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Roman Catholic Trust Corporation for the Diocese of Cairns has applied for the approval of the Diocese of Cairns, Catholic Education - Principals' Agreement 2024-2028. The application was heard by the Fair Work Commission, specifically the Full Bench, which comprises of Senior Commissioner McDougall, Commissioner Slatford, and Commissioner Taylor. The application concerns an agreement between the Trust and the principals of Catholic schools within the Diocese, governing their employment terms and conditions over the period of 2024 to 2028.

The legal issues the Court was required to address included whether the proposed agreement was in the best interests of the employees and whether it complied with relevant industrial laws and regulations. Specifically, the Court had to consider if the agreement appropriately balanced the interests of both the principals and the employees, and if it met the standards set out in the Fair Work Act 2009. The Court also examined whether the agreement provided adequate protections and benefits for the principals, in line with the objectives of the Act.

In delivering its decision, the Full Bench emphasised the importance of ensuring that the agreement was fair and reasonable, taking into account the unique context of Catholic education and the role of the principals within it. The Court noted that the proposed agreement provided a comprehensive framework that addressed various employment aspects, including remuneration, working conditions, and dispute resolution mechanisms. The Court found that the agreement was sufficiently balanced and met the legislative standards. The Court also concluded that the agreement was in the best interests of the employees, as it provided adequate protections and benefits for the principals while maintaining the quality of Catholic education. The Full Bench approved the application, thereby endorsing the proposed agreement for the specified period.

The final orders of the Court included the approval of the Diocese of Cairns, Catholic Education - Principals' Agreement 2024-2028, with the agreement to be effective from 1 January 2024. The Court directed that the agreement would be registered with the Fair Work Commission, making it a legally binding document between the Trust and the principals of Catholic schools within the Diocese. The Court also mandated that the agreement would be subject to review and potential amendments in accordance with the Fair Work Act 2009, ensuring its continued relevance and fairness.

The Roman Catholic Trust Corporation For The Diocese Of Cairns

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established